Lassiter v. Seaboard Air Line Railway
Supreme Court of North Carolina
Appeal by defendant from Peebles, J., at October Term, 1915, of Wake. Civil action brought to recover damages for personal injuries alleged to have been caused by negligence of the defendant. The particular nature of the cause of action will appear from a recital of material parts of-the testimony. Charles Lassiter, the plaintiff, in his own behalf, testified: “I have lived in Raleigh about fifteen years, and worked most of that time in the city cemetery.
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Appeal by defendant from Peebles, J., at October Term, 1915, of Wake. Civil action brought to recover damages for personal injuries alleged to have been caused by negligence of the defendant. The particular nature of the cause of action will appear from a recital of material parts of-the testimony. Charles Lassiter, the plaintiff, in his own behalf, testified: “I have lived in Raleigh about fifteen years, and worked most of that time in the city cemetery. I worked for the defendant for six nights in March of last year. I got hurt on the 23d of March, in the night. I hadn’t worked any for the…
1Opinion of the Court
'Walker., J.,
after stating the case: We do not think that the charge was a sufficient explanation of the law arising upon the evidence, as required by statute, Revisal, sec. 535. There was no statement to the jury as to what would constitute negligence under the circumstances or as to what in law would be considered as the proximate cause of an injury. The jury were told only that if the one engine “butted” against the other and injured the plaintiff, they would answer the first issue “Yes,” that is, that there was not only negligence, but that it was the proximate cause of the injury, for…
2Cases cited3 opinions
- McNeill v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1914
- Fry v. . R. R.Supreme Court of North Carolina · 1912
- Swan v. . CarawanSupreme Court of North Carolina · 1915
3Cited by12 opinions
- State v. CaseSupreme Court of North Carolina · 1960
- State v. RogersSupreme Court of North Carolina · 1980
- Corp. Commission v. Merchants Bank & Trust Co.Supreme Court of North Carolina · 1927
- Braidwood v. HarmonMichigan Court of Appeals · 1971
- A.D. Kincaid v. StateCourt of Criminal Appeals of Texas · 1936
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